Put out of office by voters, Oklahoma Supreme Court Justice has no regrets • Oklahoma Voice

OKLAHOMA CITY – Yvonne Kauger’s interpretation of the law and the paths she’s blazed outside the courtroom have shaped the foundation of Oklahoma’s justice system for decades.

When the 87-year-old retires Dec. 1, she’ll collectively be the longest serving Oklahoma Supreme Court justice and staff attorney.

She’ll also be the first Oklahoma Supreme Court justice in state history to not be retained by voters following a dark money campaign that targeted her as a liberal judge and as being too old. 

But being first isn’t new to Kauger.

She was the first female staff attorney at the Oklahoma Supreme Court. 

Gov. George Nigh appointed her to the Oklahoma Supreme Court in 1984, two years after he appointed the first female justice, the late Alma Wilson. 

Kauger has spent 52 years working for the state’s highest court as either a judge or staff attorney.

Cases before the court ranged from the constitutionality of laws, taxes, abortion access and tribal issues, to name a few.

The same year as her appointment to the bench, she was adopted by the Cheyenne Arapaho Tribes of Oklahoma on sacred tribal ground in Colony. Her family has deep ties to the tribe.

“It’s more of an honorary position, but I was the first person since statehood to be adopted by the Cheyenne Arapaho,” Kauger said. 

Kauger has no Native American blood, but always wanted to be an Indian, she said.

In 1987, she co-founded Red Earth, which features Native American culture, art and dancers.

The following year, she founded the Sovereignty Symposium. The national legal conference held in Oklahoma City educates people about tribal sovereignty and government.

She is known for asking tough and direct questions from those who appeared before the court during oral arguments and not letting attorneys off easy when they can’t answer.

Former Oklahoma Chief Justice Steven Taylor introduced her when she was inducted into the Oklahoma Hall of Fame.

“No living Oklahoman has influenced the course of the law in our state more than Justice Yvonne Kauger,” Taylor said.

He said she guards the institutional foundation of the state’s highest court.

Chief Justice M. John Kane IV said he will be sad to lose her as a colleague.

“Her toughness, her kindness, her vision have been an institution in our court for my entire career,” said Kane, who was appointed by Gov. Kevin Stitt in 2019.

Kauger has vivid and mostly fond memories of her childhood in Colony and young adult years. She played basketball in high school. She still has the faded newspapers showing her modeling the latest fashions when she was younger. She lost her sister in a plane crash as a young adult.

Kauger put herself through the Oklahoma City University School of Law, graduating first in her class in 1969. 

She was instrumental in creating the online case tracking system for the state’s courts and transforming the old Wiley Post building that then housed the Oklahoma Historical Society into the Judicial Center.

Not being retained has advantages for Kauger, who plans to write at least two books and start a docent program for the Judicial Center, where she was instrumental in picking out the artwork.

“This is the most wonderful building and has one of the best Indian art collections,” said Kauger, who can see the state’s court building from her nearby home across the street from the Capitol. “We’ve told the history of the state through the art.”

Her Taos Pueblo-style home, including the garage, is filled with art, whether it is paintings or sculptures. She is also an artist.

“I call it a new beginning,” Kauger said. “That iron curtain has dropped. I don’t bear a grudge. Sometimes I think it’s serendipitous because I probably would have never quit.”

Kauger has a tradition. 

After every retention ballot, she purchases something for herself.

After one retention election, it was living room furniture. One year it was a car. This year, it was a zero-gravity heat massage chair.

Kauger said she has no regrets about anything she has done. She said the job of the court is to follow the law based on the facts, regardless of what some might believe.

“Do right. Fear not,” is a motto she lives by.  

Despite racking up an impressive list of firsts, honors and awards, Kauger said that is not her legacy.

“My legacy is my family,” she said, referring to daughter Jonna Kirschner, two grandchildren and a great grandson.